We are very pleased about your interest in our company. Data protection is of a particularly high priority for the management of Gut Oggau. The use of the Internet pages of Gut Oggau is possible without any indication of personal data. However, if a data subject wants to use special services of our enterprise via our website, processing of personal data could become necessary. If processing of personal data is necessary and if there is no legal basis for such processing, we will generally obtain the consent of the data subject. The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation, and in accordance with the country-specific data protection regulations applicable to the Gut Oggau. By means of this data protection declaration, our enterprise would like to inform the public about the nature, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of their rights by means of this data protection declaration. As the controller, the Gut Oggau has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transmissions can always be vulnerable to security risks, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.
We use the following terms, among others, in this privacy statement:
a) personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter "data subject"). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) Data subject
Data subject means any identified or identifiable natural person whose personal data are processed by the controller.
Processing means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Processing means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.
Profiling is any type of automated processing of personal data that consists of using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects relating to that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or change of location.
Pseudonymization is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Controller or person responsible for processing
The controller or person responsible for processing is the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its designation may be provided for under Union or Member State law.
A processor is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.
Recipient means a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, authorities that may receive personal data in the context of a specific investigation mandate under Union or Member State law are not considered recipients.
j) Third parties
Third party is a natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons who, under the direct responsibility of the controller or the processor, are authorized to process the personal data.
Consent is any expression of will voluntarily given by the data subject in an informed manner and unequivocally for the specific case in the form of a declaration or other clear confirmatory action, with which the data subject indicates that they are consenting to the processing of data concerning them agrees to personal data.
2. Name and address of the person responsible for processing
Responsible within the meaning of the General Data Protection Regulation, other data protection laws applicable in the member states of the European Union and other provisions of a data protection nature is:
Eselböck & Tscheppe GmbH
7063 Oggau, Austria
Tel.: +43 (0) 664 20 69 298
4. Collection of general data and information
The website of Gut Oggau collects a series of general data and information with each call-up of the website by a data subject or automated system. This general data and information is stored in the log files of the server. The following data may be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites that are accessed via an accessing system on our website, (5) the date and time of an access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information that serve to avert danger in the event of attacks on our information technology systems. When using these general data and information, the Gut Oggau does not draw any conclusions about the data subject. Rather, this information is needed (1) to deliver the contents of our website correctly, (2) to optimize the contents of our website and the advertising for these, (3) to ensure the long-term functionality of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. Therefore, the Gut Oggau analyzes anonymously collected data and information on one hand, and on the other hand, with the aim of increasing the data protection and data security of our enterprise, to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from any personal data provided by a data subject.
5. Subscription to our newsletter
On the website of Gut Oggau, users are given the opportunity to subscribe to our enterprise's newsletter. The personal data transmitted to the controller when the user subscribes to our newsletter will be specified in the input mask used for this purpose.
The Gut Oggau informs its customers and business partners at regular intervals by means of a newsletter about enterprise offers. The newsletter of our enterprise can basically only be received by the data subject, if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter mailing. For legal reasons, a confirmation e-mail will be sent to the e-mail address entered by a data subject for the first time for newsletter dispatch using the double opt-in procedure. This confirmation e-mail serves to verify whether the owner of the e-mail address as the data subject has authorized the receipt of the newsletter. When registering for the newsletter, we also store the IP address of the computer system used by the data subject at the time of registration, as assigned by the Internet service provider (ISP), as well as the date and time of registration. The collection of this data is necessary in order to be able to trace the (possible) misuse of the e-mail address of a data subject at a later point in time and therefore serves the legal safeguarding of the controller. The personal data collected in the context of a registration for the newsletter are used exclusively for sending our newsletter. Furthermore, subscribers to the newsletter could be informed by e-mail if this is necessary for the operation of the newsletter service or a related registration, as could be the case in the event of changes to the newsletter offer or changes in the technical circumstances. No personal data collected as part of the newsletter service will be passed on to third parties. The subscription to our newsletter can be cancelled by the data subject at any time. The consent to the storage of personal data that the data subject has given us for the newsletter mailing can be revoked at any time. For the purpose of revoking consent, a corresponding link can be found in each newsletter. Furthermore, it is also possible to unsubscribe from the newsletter mailing directly on the website of the controller at any time or to notify the controller of this in another way.
6. Newsletter Tracking
The newsletters of Gut Oggau contain so-called tracking pixels. A tracking pixel is a miniature graphic that is embedded in such e-mails, which are sent in HTML format to enable log file recording and log file analysis. This allows a statistical evaluation of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, the Gut Oggau may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by the data subject. Such personal data collected via the tracking pixel contained in the newsletters are stored and analyzed by the controller in order to optimize the newsletter dispatch and to better tailor the content of future newsletters to the interests of the data subject. This personal data will not be disclosed to third parties. Data subjects are entitled at any time to revoke the separate declaration of consent given in this regard via the double opt-in procedure. After a revocation, this personal data will be deleted by the controller. The Gut Oggau automatically regards a withdrawal from the receipt of the newsletter as a revocation.
7. contact possibility via the website
The website of Gut Oggau contains legal requirements which enable a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or by using a contact form, the personal data transmitted by the data subject will be stored automatically. Such personal data transmitted on a voluntary basis by a data subject to the controller will be stored for the purpose of processing or contacting the data subject. There is no disclosure of this personal data to third parties.
8. Routine erasure and blocking of personal data
The controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage or where provided for by the European Directive and Regulation or other legislator in laws or regulations to which the controller is subject. If the storage purpose ceases to apply or if a storage period prescribed by the European Directive and Regulation Maker or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
9. Rights of the data subject
a) Right to Confirmation
Each data subject has the right, granted by the European legislator for directives and regulations, to request confirmation from the data controller as to whether personal data relating to them is being processed. If a data subject wishes to exercise this right to confirmation, they can contact an employee of the data controller at any time.
b) Right to information
Each person affected by the processing of personal data has the right, granted by the European directive and regulation giver, to receive free information about the personal data stored about him and a copy of this information from the person responsible for processing at any time. Furthermore, the European legislator for directives and regulations has granted the data subject access to the following information:
- the processing purposes
- the categories of personal data being processed
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations
- if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria used to determine that duration
- The existence of a right to correction or deletion of the personal data concerning you or to restriction of processing by the person responsible or a right to object to this processing
- The existence of a right of appeal to a supervisory authority
- if the personal data is not collected from the data subject: All available information about the origin of the data
- The existence of automated decision-making including profiling in accordance with Article 22 Para.1 and 4 DS-GVO and - at least in these cases - meaningful information about the logic involved and the scope and intended effects of such processing for the data subject
The data subject also has the right to be informed whether personal data have been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer. If a data subject wishes to exercise this right of access, he or she may, at any time, contact an employee of the controller.
c) Right of rectification
Every person affected by the processing of personal data has the right granted by the European Directive and Regulation to request the immediate rectification of inaccurate personal data concerning him or her. Furthermore, the data subject has the right to request the completion of incomplete personal data - also by means of a supplementary declaration - taking into account the purposes of the processing. If a data subject wishes to exercise this right to rectify, he or she may, at any time, contact any employee of the controller.
d) Right to erasure (right to be forgotten)
Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to obtain from the controller the erasure without delay of personal data concerning him or her, where one of the following grounds applies and insofar as the processing is not necessary:.
- The personal data were collected for such purposes or otherwise processed for which they are no longer necessary.
- The data subject revokes their consent on which the processing was based pursuant to Art. 6 Para. 1 Letter a DS-GVO or Art. 9 Para. 2 Letter a DS-GVO and there is no other legal basis for the processing.
- The data subject objects to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject submits an objection to the processing pursuant to Art. 21 (2) GDPR object to the processing.
- The personal data was processed unlawfully.
- The erasure of the personal data is necessary for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- The personal data was collected in relation to information society services offered in accordance with Art. 8 Para. 1 DS-GVO.
If one of the aforementioned reasons applies, and a data subject wishes to arrange the erasure of personal data stored by the Gut Oggau, he or she may, at any time, contact any employee of the controller. The employee of Gut Oggau will arrange for the erasure request to be complied with immediately.
If the personal data of Gut Oggau have been made public and our company as the controller is required pursuant to Art. 17 para. 1 DS-GVO to erase personal data, Gut Oggau shall implement reasonable measures, including technical measures, taking into account the available technology and the cost of implementation, in order to inform other data controllers which process the published personal data that the data subject has requested from those other data controllers to erase all links to or copies or replications of the personal data, unless the processing is necessary. The employee of Gut Oggau will arrange the necessary in individual cases.
e) Right to restriction of processing.
Any person affected by the processing of personal data has the right, granted by the European directive and regulation giver, to demand that the person responsible restrict the processing if one of the following conditions is met:
- The accuracy of the personal data is contested by the data subject for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful, the data subject refuses the deletion of the personal data and instead requests the restriction of the use of the personal data.
- The person responsible no longer needs the personal data for the purposes of processing, but the data subject needs them to assert, exercise or defend legal claims.
- The data subject has lodged an objection to the processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored at Gut Oggau, they can contact an employee of the data controller at any time. The employee of Gut Oggau will arrange the restriction of the processing.
f) Right to data portability
Every data subject concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain personal data concerning him or her, which has been provided by the data subject to a controller, in a structured, commonly used and machine-readable format. He or she also has the right to transmit such data to another controller without hindrance from the controller to whom the personal data have been provided, provided that the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the GDPR and that the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, when exercising the right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to obtain that the personal data be transferred directly from one controller to another controller where technically feasible and provided that this does not adversely affect the rights and freedoms of other individuals. In order to assert the right to data portability, the data subject may at any time contact any employee of the Gut Oggau.
g) Right to object
Every person affected by the processing of personal data has the right granted by the European Directive and Regulation to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is carried out on the basis of Article 6(1)(e) or (f) of the DS-GVO. This also applies to profiling based on these provisions.
The Gut Oggau shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the assertion, exercise or defense of legal claims.
If the Gut Oggau processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data processed for such marketing. This also applies to the profiling, insofar as it is related to such direct marketing. If the data subject objects to Gut Oggau to the processing for direct marketing purposes, the Gut Oggau will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her which is carried out for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the DS-GVO, unless such processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may directly contact any employee of the Gut Oggau or another employee. The data subject is also free, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise his or her right to object by means of automated procedures using technical specifications.
The data subject may exercise the right to object by means of automated procedures using technical specifications.
h) Automated decisions in individual cases, including profiling
Every data subject concerned by the processing of personal data has the right, granted by the European Directive and Regulation, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is permitted by Union or Member State law to which the controller is subject, and that law contains suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is based on the data subject's explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the data controller, or (2) it is made with the data subject's explicit consent, the Gut Oggau shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, which include at least the right to obtain the data subject's involvement on the part of the controller, to express his or her point of view and to contest the decision.
If the data subject wishes to exercise the rights concerning automated decisions, he or she may, at any time, contact any employee of the controller.
i) Right to withdraw consent under data protection law
Every data subject concerned by the processing of personal data has the right, granted by the European Directive and Regulation-maker, to withdraw consent to the processing of personal data at any time. If the data subject wishes to exercise the right to withdraw consent, he or she may, at any time, contact any employee of the controller.
The controller has integrated components of the company Facebook on this website. Facebook is a social network.
A social network is a social meeting place operated on the Internet, an online community that generally allows users to communicate with each other and interact in virtual space. A social network can serve as a platform for sharing opinions and experiences or enables the Internet community to provide personal or company-related information. Facebook allows social network users to create private profiles, upload photos, and network via friend requests, among other features.
The operating company of Facebook is Facebook, Inc, 1 Hacker Way, Menlo Park, CA 94025, USA. The controller of personal data, if a data subject lives outside the U.S. or Canada, is Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
Facebook Ireland Ltd.
With each call to one of the individual pages of this website operated by the controller and on which a Facebook component (Facebook plug-in) has been integrated, the Internet browser on the information technology system of the data subject is automatically prompted by the respective Facebook component to download a representation of the corresponding Facebook component from Facebook. A complete overview of all Facebook plug-ins can be found at https://developers.facebook.com/docs/plugins/?locale=de_DE. As part of this technical procedure, Facebook receives knowledge of which specific subpage of our website is visited by the data subject.
If the data subject is logged in to Facebook at the same time, Facebook recognizes which specific sub-page of our website the data subject is visiting with each call-up of our website by the data subject and for the entire duration of the respective stay on our website. This information is collected by the Facebook component and assigned by Facebook to the respective Facebook account of the data subject. If the data subject activates one of the Facebook buttons integrated on our website, for example the "Like" button, or if the data subject makes a comment, Facebook assigns this information to the personal Facebook user account of the data subject and stores this personal data.
Facebook always receives information via the Facebook component that the data subject has visited our website if the data subject is simultaneously logged into Facebook at the time of calling up our website; this takes place regardless of whether the data subject clicks on the Facebook component or not. If such transmission of this information to Facebook is not desired by the data subject, he or she can prevent the transmission by logging out of his or her Facebook account before calling up our website.
The data policy published by Facebook, which can be accessed at https://de-de.facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. It also explains what setting options Facebook offers to protect the privacy of the data subject. In addition, various applications are available that make it possible to suppress data transmission to Facebook. Such applications can be used by the data subject to suppress data transmission to Facebook.
The controller has integrated the Google Analytics component (with anonymization function) on this website. Google Analytics is a web analysis service. Web analysis is the collection, compilation and analysis of data about the behavior of visitors to websites. A web analysis service collects, among other things, data on which website a data subject came to a website from (so-called referrers), which sub-pages of the website were accessed or how often and for how long a sub-page was viewed. A web analysis is predominantly used for the optimization of a website and for the cost-benefit analysis of Internet advertising.
The operating company of the Google Analytics component is Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
The controller uses the addition "_gat._anonymizeIp" for web analysis via Google Analytics. By means of this addition, the IP address of the Internet connection of the data subject is shortened and anonymized by Google if access to our Internet pages takes place from a Member State of the European Union or from another State party to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyze the flow of visitors to our website. Google uses the data and information obtained, among other things, to evaluate the use of our website, to compile online reports for us showing the activities on our website, and to provide other services related to the use of our website.
The Google Analytics component is used to analyze the visitor traffic on our website.
Google Analytics sets a cookie on the information technology system of the data subject. What cookies are has already been explained above. By setting the cookie, Google is enabled to analyze the use of our website. By each call of one of the individual pages of this website, which is operated by the controller and on which a Google Analytics component has been integrated, the internet browser on the information technology system of the data subject is automatically caused by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. As part of this technical procedure, Google obtains knowledge of personal data, such as the IP address of the data subject, which Google uses, among other things, to track the origin of visitors and clicks and subsequently enable commission settlements.
By means of the cookie, personal information, for example the access time, the location from which an access originated and the frequency of visits to our website by the data subject, is stored. Each time the data subject visits our website, this personal data, including the IP address of the internet connection used by the data subject, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may disclose this personal data collected via the technical process to third parties.
The data subject can prevent the setting of cookies by our website, as already described above, at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from setting a cookie on the information technology system of the data subject. In addition, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs.
12. Legal basis of processing
Art. 6 I lit. a DS-GVO serves our company as the legal basis for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for a delivery of goods or the provision of another service or consideration, the processing is based on Art. 6 I lit. b DS-GVO. The same applies to such processing operations that are necessary for the implementation of pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation by which a processing of personal data becomes necessary, such as for the fulfillment of tax obligations, the processing is based on Art. 6 I lit. c DS-GVO. In rare cases, the processing of personal data might become necessary to protect vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured on our premises and as a result his or her name, age, health insurance data or other vital information had to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d DS-GVO. Finally, processing operations could be based on Art. 6 I lit. f DS-GVO. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject are not overridden. Such processing operations are permitted to us in particular because they were specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, Sentence 2 DS-GVO).
13. Legitimate interests in the processing pursued by the controller or a third partyIf the processing of personal data is based on Article 6 I lit. f DS-GVO, our legitimate interest is the conduct of our business for the benefit of the well-being of all our employees and our shareholders.
14. Duration for which the personal data will be stored
The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of the period, the corresponding data will be routinely deleted, provided that they are no longer required for the performance of the contract or the initiation of the contract.
15. Legal or contractual requirements to provide the personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision
We inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner). Sometimes, in order to conclude a contract, it may be necessary for a data subject to provide us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact one of our employees. Our employee clarifies to the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences would be if the personal data were not provided.
16. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.
This data protection declaration was created by the data protection declaration generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as the external data protection officer for Ingolstadt, in cooperation with the IT and data protection lawyer Christian Solmecke.